Between the ‘Home’ and ‘Institutional’ Worlds: Tensions and Contradictions in the Practice of House Arrest

In this paper we argue that the theoretical work of Goffman (1961) on “total institutions,” Foucault’s (1977) insights into the workings of disciplinary power, and an account of contemporary forms of punishment and social control in postmodern society (Staples 2000) help us better understand the experiences of those individuals sentenced to house arrest. Based on face-to-face interviews with twenty-three people being electronically monitored in a Midwestern metropolitan area, our analysis identifies three themes that illustrate the ways in which electronic monitoring is experienced as a complex amalgam of what Goffman (1961, p. 13) saw as the distinct “home world” and the “institutional world”. These themes include (1) “Home is Where the Machine Is,” (2) “Producing Docile Bodies,” and (3) “Threat of Sanctions”. We reassert our claim (Staples 1994, 2000) that contemporary forms of social control such as electronic monitoring reflect an ongoing struggle to deal with problems and issues set in motion with the birth of modernity.     

‘Left Pessimists’ in ‘Rose Coloured Glasses’? Reflections on the Political Economy of Socio-Legal Studies and (Legal) Academic Well-Being

This article reflects on the significance of the Journal of Law and Society and critical socio-legal work in the context of changes in the political economy of universities and socio-legal studies. It interweaves an analysis of this shifting political economy with consideration of another topic, namely, academic well-being and mental health, especially in this moment, to demonstrate the continuing pertinence and importance of the left critique of universities. Well-being has become part of a far broader set of counter-narratives to neoliberalism evident in attempts to reposition it as a ‘force of change’, to develop new ways of working that might challenge traditional work cultures and organizational structures, and to resist the marketized neoliberal university and re-envision what a ‘good university’ might be. Rejecting the criticism of ‘left pessimists’ in ‘rose coloured glasses’, I make the case for the continuing significance of engaging in public education and research as a public good.     

Use of ‘Dear Colleague’ Letters in the US House of Representatives: A Study of Internal Communications

‘Dear colleague’ letters – formal, written, member-to-member correspondence – provide a unique window into internal communications in the US House of Representatives. In general, studies of congressional political communications tend to focus on external messaging by members (candidates) to their constituents (voters) through a focus on electoral or constituent communication. Yet these studies may or may not tell us why members choose to engage in internal communication. To address this gap, this paper draws on the literature and presents new hypotheses about factors that increase a member's likelihood of using dear colleague letters. Using House dear colleague letter data from the first session of the 111th Congress (2009), a negative binomial regression tests the importance of seniority, electoral vulnerability, leadership status, and majority party status for dear colleague letter senders. The analysis demonstrates that rank-and-file majority party members who are electorally ‘safe’ are more likely to use the dear colleague system.     

The Moral Economy of Heroin in ‘Austerity Britain’

This article presents the findings of an ethnographic exploration of heroin use in a disadvantaged area of the United Kingdom. Drawing on developments in continental philosophy as well as debates around the nature of social exclusion in the late-modern west, the core claim made here is that the cultural systems of exchange and mutual support which have come to underpin heroin use in this locale—that, taken together, form a ‘moral economy of heroin’—need to be understood as an exercise in reconstituting a meaningful social realm by, and specifically for, this highly marginalised group. The implications of this claim are discussed as they pertain to the fields of drug policy, addiction treatment, and critical criminological understandings of disenfranchised groups.     

Constitutionality of ‘bride price’ in Nigeria: echoes from the supreme court of Uganda

The practice of bride price is a distinctive and established feature of African customary law marriage. In Nigeria, the practice has received statutory and judicial approval. However, the recent decision of the Supreme Court of Uganda on the practice of bride price in Uganda has disturbed the assumption of its constitutionality. This article envisages legal and ideological influence; consequently, it examines the validity of the decision against the background of Nigerian constitutional law. It agrees to a nuanced change in the practice but argues that the change must be authentic and not dictated by Western liberal typology.     

‘Wrong’ cases and ‘wrong’ plaintiffs: intergenerational relationships and legal consciousness in China

Legal consciousness is not a monolithic concept even in the minds of individual actors. Invoking the law is sometimes viewed positively and at other times not. My study reveals that ordinary people in China consider lawsuits seeking divorce to be acceptable but strongly disapprove of lawsuits seeking intergenerational support. My detailed analysis of this sharp contrast suggests that people consider legal mobilization favourably when claims are brought by the ‘right’ people in the ‘right’ cases, but that they bitterly oppose it when the ‘wrong’ people bring the ‘wrong’ kinds of cases. In this article, I explain how these categories of ‘right’ and ‘wrong’ legal claims and plaintiffs come into being and how they shape the legal consciousness of potential litigants in China.     

The ‘good’, the ‘bad’ and the ‘Charlie’: the business of cocaine smuggling in Greece

This article examines the social organisation of cocaine smuggling in Greece. Emphasis is placed on the involvement of professionals from the shipping industry and actors from the ‘upper society echelons’ who play a pivotal role in the transportation and importation of cocaine to Western Europe and Greece. After considering empirical evidence from a variety of sources, our findings indicate that the cocaine market in Greece is ‘organised’ by a system of collaborative relationships between state, business and civil society actors. It is suggested that to better understand the nature of this illegal market, further research is required to take a closer look into the economic, socio-cultural and political incentives of these actors.     

Pre-Appointment Scrutiny Hearings in the British House of Commons: All Bark,or Some Bite?

In 2007 British Prime Minister Gordon Brown agreed that House of Commons committees should start holding pre-appointment hearings for key public appointments. This was initially welcomed by MPs, who viewed it as an important step towards limiting executive power and strengthening the role of parliament. However, following the appointment of the Children's Commissioner against the advice of the relevant select committee, many MPs became disillusioned with the hearings. Based on extensive interviews with those involved in the appointments process, this article argues that while committees may lack formal veto power over appointments, they do have considerable influence. Most candidates said they would not have taken up their appointment against the advice of the select committee. So pre-appointment hearings should not be dismissed as pointless, but rather seen as an important mechanism through which committees can exert influence over public appointments. This tells us two important things about the powers of legislatures. First, it confirms that legislative influence is far more subtle than the simple exercise of veto powers, as scholars have long noted. But second, it also demonstrates that even the most central actors in the process (the MPs) may not appreciate this fact.     

‘The Right to Shoot Himself’: Secession in the British Commonwealth of Nations

The ultimate test of whether an association is voluntary or not is if you can leave it. It is difficult, at this remove, to appreciate how live an issue secession from the British commonwealth of nations was in the 1920s and 1930s. It occupied an inordinate amount of time and negotiation for a doctrine that had been ostensibly conceded in 1920. Yet, much as with the case of the appeal to the judicial committee of the privy council, once the dominions sought to take advantage of the freedom which had been guaranteed by official statements, they found a formidable amount of diplomatic pressure and legal opinion brought to bear to indicate that no such right could be officially declared. This article traces the evolution of the arguments about the right to secede in the 1930s, and examines how the right came eventually to be exercised in the case of the new commonwealth countries in the 1940s. It concludes by examining how the doctrine of secession as developed in the 1930s was abandoned in order to retain Indian membership in the commonwealth.     

‘Endemic to the species’: ordering the ‘other’ via organised crime

The United States has been the prime mover in the establishment of both the concept of organised crime and the use of the concept in its attempt to establish global hegemony, in which law enforcement became a little more than a front for a government-backed central casting agency, stereotyping both heroes and villains. This article offers an account of how the ‘Other’ has been used as prism for the construction of organised crime primarily in the United States and how this construction, as a franchise, has been exported on the international level and on heterogeneous criminal landscapes.     

‘Are the ‘others’ coming?’: Evidence on ‘alien conspiracy’ from three illegal markets in Greece

In the early 1990s Greece accepted a large number of immigrants from a variety of contexts. Since then ‘organised criminality’ has become an important aspect of the immigration nexus in the country, and ethnicity has been viewed as an extremely important-if not the primary–explanatory variable. Simultaneously, there has been very little empirical research on ‘organised crime’ in Greece in general and ‘organised crime’ and ethnicity in particular. The purpose of this article, which is based on previous research that the author has conducted on three illegal markets in Greece (a. migrant smuggling business, b. the cigarette black market, and c. the market of stolen cars and car parts), is to show the extent to which these illegal markets are controlled by foreign nationals, and establish whether there is such thing as an ‘alien conspiracy’ in the particular country.     

Parliaments in Africa: Representative Institutions in the Land of the ‘Big Man’

This paper analyses the perceptions among survey participants, of African parliaments and presidents and examines their citizens’ attitudes towards the coexistence of these two institutions. It aims to determine the way citizens rate their parliaments compared with their presidents. It further seeks to answer the question of whether Africa remains the continent of the ‘big man’, where absolute power lies with an individual, feeding clientelistic relationships. In the decades following the transitions to independence, most of the continent was marked by a proliferation of monoparty regimes; in many cases, these were almost one-man regimes. A majority of the leaders symbolised, at an early stage of independence, the birth of the nation itself. Many times these presidents have sought to extend their incumbency perpetually. However, over the last two decades this scenario has changed considerably. Monoparty parliaments have been replaced by multiparty parliaments and executives, and presidents have found themselves needing to share their leadership of the nation with parliamentarians. Not much is known about how these emerging parliaments have been operating, but the little that is known tells us that they have faced a lack of institutionalisation and still struggle to assert their independence from strong executives. It is therefore reasonable to expect that parliaments will be perceived as dormant institutions in the public eye.     

Use the Purpose by Which All May Benefit: The Semiotics of ‘Public Use’

This paper applies semiotic analysis to issues arising from the recent Supreme Court decision of Kelo v. City of New London [545 U.S.469] (2005). The author uses the tools of semiotics to explore the evolution of language and speech and their relationship to the terms, “private property” and “public use” as used by the Supreme Court and the general public in the years leading up to the Kelo decision. This paper will first provide an overview of the field of semiotics, describing the prevailing thought and the methods utilized by semioticians to find meaning. Second, the tools of semiotics will be applied to Supreme Court cases, beginning with Bauman v. Ross [167 U.S. 548] (1897) and continuing to Kelo v. City of New London. Utilizing these tools, the author will show how, within the span of approximately 100 years, the speech of the court has affected the language of legal discourse. The signs to which both Bauman and Kelo seek to attach meaning are found in the Fifth Amendment to the US Constitution, which provides, in relevant part, “…nor shall private property be taken for public use, without just compensation.”(emphasis added) (U.S. Const. Amendment 5). This dialectic activity resulted in the development of two different languages. One was used by the layperson, whereas the other was found in relevant legal/political institutions such as the US Supreme Court. This paper will focus on the fundamental change in the meaning of the sign/expression “public use.”     

‘I Can’t’: Capacity to Marry and the Question of Sex

To some extent the nature of the marriage contract has always been ‘about’ sex. Yet it is only in recent years that sex has become an explicit aspect of the legal test of capacity to marry. This paper explores how that test has been developed by the courts since the late 19th century. Through an examination of the case law it traces the nature of the relationship between sex and the capacity to marry; explores how capacity to consent to sexual relations has become a prominent strand within capacity to marry; and asks whether one effect of that prominence has been to marginalise the necessity for an individual to understand certain other important aspects of the marriage contract when assessing his or her capacity to marry.     

‘Welcome to the rape camp’: Sexual exploitation and the internet in cambodia

Abstract

Summary: This article reports a piece of original research into the links between the trafficking in women and children across the globe and how such trafficking practices have been facilitated by developments in technology and telecommunications. The connections between prostitution in the Mekong Sub-Region, pornography on the Internet, and sex tourism have also been researched, based on the experiences of women and children and the men who exploit them.     

The role of self-help efforts in the reintegration of ‘politically motivated’ former prisoners: implications from the Northern Irish experience

Self-help (or mutual aid) processes play a substantial role in the reintegration of stigmatized individuals, in particular, a substantial self-help movement has developed around addiction recovery. Prisoners and ex-prisoners have also established self-help groups around the world. This paper focuses in particular on the role of self-help principles and practices among “politically motivated” former prisoners from all sides of the Northern Irish conflict. The concept of self-help and its application to former prisoners are analysed theoretically, then applied to the Northern Irish case study through a series of interviews with ex-prisoners whose incarceration has been related to the conflict in Northern Ireland. We draw on the implications of this case study for wider issues of reintegration for politically motivated and ordinary prisoners.